PREMISES LIABILITY

PALM BEACH CIRCUIT COURT

A jury decided an 82-year-old woman and the gym at her housing complex were equally liable after she fell off a fitness machine.

Rose Stein showed up at the Boynton Beach fitness center in August 2017 for an appointment with a personal trainer. Stein claimed she was told her trainer was not there and she should exercise on her own. While trying to use a weight machine, Stein lost her balance and fell. Stein claimed she suffered an elbow fracture and the fall aggravated pre-existing conditions in her spine.

The jury found that Stein's damages totaled $20,000, and the comparative-fault reduction produced a net recovery of $10,000.

Case: Stein v. Hunters Run Property Owners Association

Case No.: 50-2018-CA-007554-

Plaintiffs attorney: Jorge P. Gutierrez Jr., The Gutierrez Firm, Coral Gables

Defense attorney: Felix Neal Colvin Jr., Law Office of Hugh Behan, Stuart